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HomeMy WebLinkAbout2011-2343.Borys.12-07-04 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2011-2343 UNION#2011-0252-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Borys) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Laura Josephson Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sean Milloy Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING June 7, 2012. - 2 - Decision [1] Mr. Morris Borys, a fixed term correctional officer at the Niagara Detention Centre, filed a grievance on August 5, 2011, alleging that the employer had violated his rights under the collective agreement and the escort policy. He seeks full redress, including eight hours of straight pay, eight hours of holiday pay and eight hours credited to his continuous service date. The employer submitted that there was no violation of the collective agreement. [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto this 4th day of July 2012. Deborah J.D. Leighton, Vice-Chair